Carter v. Fernandez et al

Filing 162

ORDER VACATING 132 ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM to Transport: CLYDE RAINEY, CDCR # P-50923, for trial on April 17, 2012; ORDERED the Clerk of the Court to serve a copy of this order by facsimile on the litigation office and the out-to-court department at CSP-Sacramento, signed by Magistrate Judge Sheila K. Oberto on 04/11/2012. (Faxed to CSP-Sacramento OTC and Litigation Coordinator)(Martin-Gill, S)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
IVAN RAY CARTER, JR.,

CASE NO. 1:08-cv-01841-SKO PC

9
Plaintiff,

ORDER VACATING ORDER AND WRIT OF
HABEAS CORPUS AD TESTIFICANDUM TO
TRANSPORT CLYDE RAINEY, CDCR # P50923, FOR TRIAL ON APRIL 17, 2012

10
v.
11
12

FERNANDEZ, REYNAGA, CARRILLO,
CEASEAR, AND JONES,

13

(Docs. 132 and 160)

Defendants.
/

14
15

An order and writ of habeas corpus ad testificandum directing the production of inmate

16

witness Clyde Rainey for trial was filed on March 12, 2012. The Clerk of the Court was notified that

17

Mr. Rainey was unwilling to be transported for an appearance at trial, and a telephonic status

18

conference was held on April 11, 2012, at 1:30 p.m. to discuss the issue.

19

Given Mr. Rainey’s unwillingness to appear at trial, Plaintiff stated that he no longer wishes

20

to call Mr. Rainey as a witness to testify in person or via video conference. Accordingly, the order

21

and writ of habeas corpus ad testificandum directing the production of Mr. Rainey for trial will be

22

vacated.

23

In addition, Plaintiff notified the Court that he was unable to make any copies of his exhibits

24

and he mailed his original exhibits to the court. Defendants are in possession of a copy of the

25

exhibits by virtue of Plaintiff’s pretrial statement, to which a copy of the exhibits was appended, and

26

the Court will ensure that Plaintiff has a copy of his exhibits for use at trial.

27

///

28

///
1

1

Based on the foregoing, it is HEREBY ORDERED that:

2

1.

The order and writ of habeas corpus ad testificandum directing the production of

3

inmate witness Clyde Rainey, CDCR # P-50923, for trial, filed on March 12, 2012,

4

is VACATED; and

5

2.

6

The Clerk of the Court shall serve a copy of this order by facsimile on the litigation
office and the out-to-court department at CSP-Sacramento.

7
8
9
10

IT IS SO ORDERED.

11

Dated:
ie14hj

April 11, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2